How do i stop a temporary order if ir no longer agree want the childern back. ...

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How do ir stop a temporary order if ir no longer agree want the childern back.what forms to ir file to stop going to court if ir disagree

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DakotaLegal's picture

To start with, a temporary

To start with, a temporary order is meant to end once everyone has a chance to talk about it. From what you’re saying, that doesn’t seem to be what happened here.
 
It also seems as though the following facts apply…(a) whether you had custody of the children or not, (b) you think that a temporary order now no longer makes sense. We’ll talk about why you are well within your rights to ask to have a temporary order changed or ended. This is really true if you never had a good chance to talk about the temporary order.
 
One thing to do right away, to protect your basic rights as a parent, is to get low-cost legal help…even more importantly, almost everything we’ll talk about makes the most sense if one thing is true:
 
Is changing the temporary order in the best interests of the child involved?
 
You can ask for free or low-cost help from legal aid in Texas. They give help based on income… http://texaslawhelp.org/ and pay special attention to their family law rules, especially if there has been any domestic violence involved by any of the parents or relatives. http://texaslawhelp.org/issues/family-law-and-domestic-violence. This also includes the possibility there may be a false charge of abuse or neglect. This may get Texas Child Protective involved, and make changing the original Order even more complicated.
 
The Reasons For A Temporary Order In Texas
 
A temporary child order usually comes from one parent’s request, and often comes at the beginning of a custody dispute. This means one parent often is in court, and talks a judge into a TEMPORARY order, just to start the process of deciding: what’s best for the child?
 
The Age Of The Child
 
The wishes of the child can be very important in what the judge decides to do. A child who is over the age of 12 can have a lot to say about where they feel they belong. http://law.justia.com/codes/texas/2005/fa/005.00.000104.00.html.
 
The Facts Of The Temporary Order
 
Just because your opinion or feelinghaschanged, is not a good reason to argue for a new Order. You’ll be explaining almost everything by way of what worries the Judge had for the “best interest” of the child in the original order. Many times, a judge will look at the existing relationship a parent has with a child, and whether there are any risks in that relationship…such as drugs, the possibility of a parent being in jail, and whether the parent is able and willing to work hard to look after the child. Here’s a case where a mother lost custody, because of drug issues and her apparent unwillingness to keep her word about classes. http://law.justia.com/cases/texas/second-court-of-appeals/2012/02-12-00001-cv.html. To change the original order, you’ll need evidence to show the facts are either different or were wrong.
 
Getting New Facts To The Judge’s Attention
 
Most judges in children’s and family court don’t like taking chances with a child’s well-being. At the same time, they like hard evidence. So anything you can show that proves improved parenting (classes) or an improved home (a new lease or mortgage), freedom from abuse and hunger or neglect (testimony from friends, co-workers, parents), and evidence from a home visit….these things are what a  judge reacts positively to. Step by step, showing how the temporary order no longer applies.
 
Making An Agreement With The Other Parent & Forms
 
You seem to have reached an agreement with the other parent. That’s great. Judges also like it when parents, who may not otherwise be able to get along, do manage to put their differences aside, for the best interests of the child. The sooner you can get any agreement in writing, the better. Forms for changing orders or making special requests to the court can come from local family court. If you can’t afford any forms, you can ask for a waiver of any fees. http://texaslawhelp.org/diy-forms-printable.

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DakotaLegal's picture

To start with, a temporary

To start with, a temporary order is meant to end once everyone has a chance to talk about it. From what you’re saying, that doesn’t seem to be what happened here.
 
It also seems as though the following facts apply…(a) whether you had custody of the children or not, (b) you think that a temporary order now no longer makes sense. We’ll talk about why you are well within your rights to ask to have a temporary order changed or ended. This is really true if you never had a good chance to talk about the temporary order.
 
One thing to do right away, to protect your basic rights as a parent, is to get low-cost legal help…even more importantly, almost everything we’ll talk about makes the most sense if one thing is true:
 
Is changing the temporary order in the best interests of the child involved?
 
You can ask for free or low-cost help from legal aid in Texas. They give help based on income… http://texaslawhelp.org/ and pay special attention to their family law rules, especially if there has been any domestic violence involved by any of the parents or relatives. http://texaslawhelp.org/issues/family-law-and-domestic-violence. This also includes the possibility there may be a false charge of abuse or neglect. This may get Texas Child Protective involved, and make changing the original Order even more complicated.
 
The Reasons For A Temporary Order In Texas
 
A temporary child order usually comes from one parent’s request, and often comes at the beginning of a custody dispute. This means one parent often is in court, and talks a judge into a TEMPORARY order, just to start the process of deciding: what’s best for the child?
 
The Age Of The Child
 
The wishes of the child can be very important in what the judge decides to do. A child who is over the age of 12 can have a lot to say about where they feel they belong. http://law.justia.com/codes/texas/2005/fa/005.00.000104.00.html.
 
The Facts Of The Temporary Order
 
Just because your opinion or feelinghaschanged, is not a good reason to argue for a new Order. You’ll be explaining almost everything by way of what worries the Judge had for the “best interest” of the child in the original order. Many times, a judge will look at the existing relationship a parent has with a child, and whether there are any risks in that relationship…such as drugs, the possibility of a parent being in jail, and whether the parent is able and willing to work hard to look after the child. Here’s a case where a mother lost custody, because of drug issues and her apparent unwillingness to keep her word about classes. http://law.justia.com/cases/texas/second-court-of-appeals/2012/02-12-00001-cv.html. To change the original order, you’ll need evidence to show the facts are either different or were wrong.
 
Getting New Facts To The Judge’s Attention
 
Most judges in children’s and family court don’t like taking chances with a child’s well-being. At the same time, they like hard evidence. So anything you can show that proves improved parenting (classes) or an improved home (a new lease or mortgage), freedom from abuse and hunger or neglect (testimony from friends, co-workers, parents), and evidence from a home visit….these things are what a  judge reacts positively to. Step by step, showing how the temporary order no longer applies.
 
Making An Agreement With The Other Parent & Forms
 
You seem to have reached an agreement with the other parent. That’s great. Judges also like it when parents, who may not otherwise be able to get along, do manage to put their differences aside, for the best interests of the child. The sooner you can get any agreement in writing, the better. Forms for changing orders or making special requests to the court can come from local family court. If you can’t afford any forms, you can ask for a waiver of any fees. http://texaslawhelp.org/diy-forms-printable.